Peet

This action was brought by the plaintiff to recover damages for the alleged conversion of a herd of cattle by the defendants. In a previous trial of the case judgment was rendered for the defendant People’s Trust and Savings Bank, a corporation, which in that trial was the sole defendant in the case. Upon an appeal taken by the plaintiff the judgment was reversed in division two of this court. (Peet v. People's Trust and Savings Bank, 56 Cal. App. 46 [ 204 Pac. 413 ].)

Prior to the second trial, which resulted in a judgment for the plaintiff and which occasioned the present appeal, plaintiff filed an amended and supplemental complaint making the Heilman Trust and Savings Bank a co-defendant with the People’s Trust and Savings Bank.

The original complaint was filed February 4, 1919, and the supplemental complaint on March 16, 1923. In this discussion .we will refer to the amended and supplemental complaint as the complaint. Plaintiff alleges that on or about the twentieth day of April, 1918', he was the owner and in the lawful possession of 147 head of cattle, situate in Riverside County, of the aggregate value of $15,000, and that on said date the defendant People’s Trust and…